Full Text
1 WOODBURN PLANNING COMMISSION PUBLIC HEARING HEARING/MEETING August 10, 2017 CONVENED: The Planning Commission met in a public meeting session at 7 p.m. in the City Hall Council Chambers, with Chair Charles Piper presiding. ROLL CALL: Chair Piper Present Vice-Chair Corning Present Commissioner Aiken Present Commissioner Ramirez Present Commissioner Commissioner Commissioner Comer Dos Reis Lassen Present Present Absent (Excused) Staff Present: Chris Kerr, Community Development Director McKenzie Granum, Assistant City Attorney Introduction Chair Piper opened the workshop/meeting at 7 pm, and led the Commissioners in the flag salute. Minutes None approved, since they were not received by the entire Commission. Business from the Audience None Communication None. Public Hearing: Chair Piper explained public hearing procedures. At this time, verbal testimony is closed. Written testimony had been left open for people to write letters to the Planning Department. That portion closed on August 8, 2017. Tonight, the applicant will orally rebut the written testimony. The hearing will then be closed. The PC will deliberate among themselves. ---PAGE BREAK--- 2 Finally, the Planning Commission will vote on a recommendation to City Council, to be taken up in September. 9065 Arney Road ANX 2017-03; CU 2017-02; DR 2017-03; VAR 2017-03; RCWOD 2017-03; PLA 2017-04 - The applicant requests an annexation with a consolidated development review to permit a 300 unit multi-family housing development (Woodland Crossing) with an Recreational Vehicle (RV) storage area on a 39 acre property, located generally at the terminus of Arney Lane. Applicant: Brian Varricchione, MacKenzie, Land Use Planning, introduced himself and his colleague, Jennifer Danziger. Before the meeting, Ms. Danziger demonstrated flashing LED signage outdoors. Brian brought a letter from Mackenzie dated August 8, 2017, along with graphics illustrating his points, to the attendees’ attention. Copies were provided for the attendees. Brian orally presented the letter’s contents, referring to the graphics for clarification. At the end of his presentation, Mr Varricchione requested that the Planning Commission recommend approval to City Council. At this time, Chair Piper asked if there are any questions from the Planning Commission to the applicant. There were none. Chair Piper declared the public hearing closed. Mr. Potts made a motion to extend debate. Chair Piper found him out of order. Community Director Chris Kerr explained that the City Council would also have a public hearing when this project is referred to them. [20:28] PLANNING COMMISSION DISCUSSION AND DELIBERATION: General recap: Three main themes came up during the meeting: 1. Zoning of the property 2. Transportation: congestion, through-streets, impact on existing neighborhood 3. Environmental degradation Is this the right zoning for the property? Commission members debated as to whether this was the “right” zoning for this area, based on the limited access. They cited the neighboring community of single-family homes and the intrusion of traffic into the neighborhood via the proposed connection at Steven Street. Not only will the new residents of the multi-family housing be using existing ---PAGE BREAK--- 3 streets through the neighborhood, but it also creates a new route for users of the Company Stores. The Commissioners brainstormed ways to prevent that traffic from entering the existing community, including not allowing the connection to Steven Street, making Steven Street one-way or gating it. Will there be another crossing of the wetlands? One Commissioner expressed concern over the environmental degradation of the wetlands, asking if there will be a crossing across the wetlands and if an application been submitted. Chris Kerr, Community Development Director, explained that since there is already a connection at Arney Lane, there is no need for another, and that no application has been submitted to date. Sprague Lane will provide access to the southern area of the project. Will there be dedicated school bus stops with benches or shelters? Chris Kerr explained that there is no code requirement and the school district makes those decisions. Can I deny it because I’m not in favor of the zoning? McKenzie Granum, Assistant City Attorney, explained that there is a range of options for recommendations. The project cannot be sent back to the applicant at this time. It must be approved or denied for recommendation to City Council at this meeting. Conditions can be changed; or added that are reasonable. If the Commission chooses to deny, it must be with stated reasons. The project cannot be denied because of zoning, although annexation may be denied in the “best interest of the community.” That may be included in recommendation to City Council. [35:48] Chris Kerr explained that the City constructed the Comprehensive Plan years ago, according to state mandated process. Every few years, the plan is reviewed and analyzed, looking at all the components: land use, the Urban Growth Boundary (UGB), buildable lands inventory, transportation, parks, water, sewer, storm water. All these long- range planning documents come together to form the Comprehensive Plan (In fact, the City currently has a grant to review and develop a Transportation System Plan). At that time, it was determined that Woodburn needed medium density housing, and that this was a good place for it. The Comprehensive Plan was approved by the Planning Commission and the City Council and acknowledged by the State. [51:34] Although the neighboring residents dislike the project, the project must be reviewed, and approved or denied based on what the application is asking. The Chairman pointed out that the owners of the project property have the right to use this property in this particular manner. The question was asked and affirmed that the Fire Department approved both access and safety. ---PAGE BREAK--- 4 Were alternate options explored in regards to connecting Arney Road with Steven Street? Would it be possible to connect Arney Lane with Sprague? At this time, testimony is closed, so Ms Granum cannot be consulted further, but Chris Kerr confirmed that the Planning Comm.ission wanted to investigate alternatives to limit access to the community to the west. He explained that the code requires two street access to developments over 24 units and that our policies encourage connections within the street network. A connection to Sprague Lane would require a crossing, which would significantly affect the wetland. He explained, “It would clearly violate our code… to cross a wetland when it’s not necessary.” Although a variance can be requested, the resulting connection would put more pressure on Robin Way, an already failing intersection. Chris Kerr also pointed out that there are intentional stub-outs from Woodland Road at Nekia Street, just north of the property line. The intention had always been to connect and extend Arney Lane to the west. The Planning Commissioners further debated to approve or deny based on this exact application. Commissioner Corning moved not to recommend approval for Woodland Crossing ANX 2017-03 as written, and request that City Council consider other options for street access for the property. [1:12:00] The motion was NOT seconded. . Discussion to modify the motion [1:15:42] The Planning Commissioners asked for clarification of alternatives to accept with conditions or deny with reasons. McKenzie Granum explained that if the Planning Commission recommends a denial with reasons, they support denial. If the Planning Commission approves the project with conditions, there is room for the City Council to approve the project with or without conditions. The Planning Commission could deny because the traffic pattern is unacceptable, or the Planning Commission could approve with the condition that access through Steven Street is prohibited. Still, there would be the need for two ways in and out. Chris Kerr clarified that the Building code, which governs the Fire Department, requires two accesses for public safety. Good public policy suggests street connectivity is good for all sorts of reasons. The purpose of the Planning Commission came into question. What discretion do we have? ---PAGE BREAK--- 5 The Chair pointed out that wholesale change is the job of the City Council. The job of the Planning Commission is to review the Woodburn Development Ordinance (WDO), hold public hearings, and decide whether projects conform or not. If a variance is requested, the Commission can recommend it be granted. He reiterated that this project conforms to the WDO and it would be unfair to change the rules on the property owners. [1:28:40] Motion: Commissioner Comer called for the motion; Commissioner Corning seconded it. Chris Kerr read the revised motion to recommend that the Woodland Crossing proposal be denied as written, and for a revised traffic pattern to be developed that does not utilize the Steven Street access, due to the detrimental effect on the community of the traffic from the Company Stores and this development. [1:34:39] McKenzie Granum clarified: This is a vote to recommend a denial to City Council on the basis that the applicant revise the traffic pattern and develop a traffic pattern that does not utilize the Steven Street access, due to the detrimental effect of traffic from the Company Stores and this project that may occur on Woodland Avenue. Clarification: this is the motion to deny? [1:35:34] Aiken: No Comer: Yes Ramirez: Yes Dos Reis: No Corning: Yes Piper: No [1:37:30] Point of order: The Chair cannot break the tie, since he was part of the voting body. The question was asked if anyone wanted to change his or her vote or rewrite the motion. The issue at hand is access through Steven Street to Woodland Avenue. There was an offer to change approval with an addition of “must” rather than “recommend”, as in, “must find transportation route other than Steven Street.” That alternate route would likely end up going over or through the wetlands and is not fully supported by all. The Chair declared the prior motion dead [15:20:01]. ---PAGE BREAK--- 6 Discussion towards final motion: Commissioner Comer recommended approval based on accepting staff recommendations, which included: Changes in wording that modifies conditions of the development, (item # 4, 5, and in which the wording “Development” becomes “Building” in order to tie them to the multi-family development, rather than the RV storage. “Development permit” would thus become “building permit.” Recommendation on item # 9: implement that each owner has a choice in screening. Item # 6: recommend paving to WDO standards (not gravel). Ms. Granum’s recommendation for signage from Item # 2 is to be accepted Item # 6, alternative road cross-sections: option # 1 be accepted in order to increase the landscape strip on the side of the existing homes. [2:12:40] Chris Kerr reiterated a further condition that the applicant provide an alternate route to the development property other than Steven Street, due to the traffic impact from the outlet mall and proposed development on the existing community. [2:15:45] MOTION: The motion was made by Chair Piper and seconded by Commissioner Aiken. Read by McKenzie Granum: “[Motion] to recommend approval on the Woodland Crossing annexation 2017-3 in its entirety, with the conditions provided in the staff report subject to changes to Conditions # 4 and # 8 being modified from development permit to building permit; With added conditions from the Ms. Granum’s letter dated August 8, 2017 that would add conditions regarding signage: item # 2 in the letter, as well as additional landscape Item # 6, Option # 1; and With the additional condition from the Commission that the property shall be developed with an alternate route to the property other than Steven Street, due to traffic impacts and detrimental effects of the Company Stores and this project that would happen on Woodland Avenue.” Aiken: yes Comer: yes Ramirez: yes Dos Reis: yes Corning: no Piper: no ---PAGE BREAK--- 7 Motion carries [2:19:25] The Chair thanked the people of West Woodburn for their participation and respectful attendance at this meeting. OTHER BUSINESS: Commissioner Dos Reis asked for clarification about ex-parte contact. Ms. Granum explained that any conversation with stakeholders should be revealed at the beginning of the meeting so that all Commissioners can make their decisions with the same complete information. UPDATES from staff: Chris Kerr mentioned that there is no quasi-judicial business for the next meeting, but September will be busy. Ms. Granum updated the Commission on the past legislative session in which the Senate and House passed a bill (which has not been signed by the governor) that essentially expedites certain kinds of housing, including low income. It also states that a city cannot deny Accessory Dwelling Unit (ADU) permits. Since Woodburn currently prohibits ADUs, once the bill is put into effect, the City will be on a 100-day clock to come up with their own rules. Portland is doing tours of ADUs in their city. There is a fee, but Chris Kerr explained that the City of Woodburn would pick up that cost. Staff will make recommendations in the fall. Adjournment The meeting was adjourned at 9:30pm. Charlie Piper, Chair Date ATTEST Chris Kerr Date Community Development Director City of Woodburn, Oregon